Sick Days = Fired

[sevendaysky]

Happened to me, actually. I was hired to work at a dining hall as a... sort of all around person. I washed dishes at the start of shift until the official dishwasher for that shift came in about an hour later. After that I shuttled dishes around. Not long after that job started, I started developing severe pain in my right foot, to the point where walking on it was exhausting and stole my breath. Iburoprufen didn't touch the pain. I'd come home, put my feet up for several hours, and cry because it hurt so much. Finally I went to the doctor one day after my supervisor started scolding me for "needing to rest so much" despite my attempts to explain.

After some discussion, it was determined that not only did I have an extra piece of bone in my big toe that was now lodged under the joint of the toe causing pain every time I flexed it (i.e. walked) I also had severe plantar fascitis. I tried my best to work through it with cortisone injections, boot at night, etc. But it was just too much. Finally, after I had requested a couple days off following the appointment in which the extra piece of bone was finally spotted (long story there) - they put me on "leave." I wound up in one of those walker boots ("wear this every time you walk. EVEN AT HOME. Just wear it all the time and wear your night boot when you sleep.") for three to four weeks. Then they fired me since they "couldn't schedule" me with a walking boot on. Bad for image I guess.

Still haven't found work.. more than a year later. So yes, I believe it.

[AccountingDrone]

One thing I'd recommend: get your friend to get some legal help NOW. If you have it, contact the labor board or equal opportunity/anti-discrimination board. It sounds like she has a VERY valid case for unfair dismissal. And yes I know of at-will states, but it sounds like she can also argue hostile work environment.

I'm not saying "get her job back" I'm saying "time to fuck the little bastards over"

Actually, if she has a copy of the HR departments rules, and it has something in it about not coming to work while sick, make a copy of that and deposit the whole mess in the hands f an employment advocate. Cant take time off because you are worried of being fired, yet they are telling you to stay home when you are ill. Can't go both ways.

[bainsidhe]

I completely believe they fired her because she got injured at work. When I still worked retail 3 years ago, a coworker's son smashed his finger while transporting freight. I mean SMASHED his finger. They were able to save the digit, though he'll never regain sensation. After he returned to work, he was suddenly dismissed due to attendance issues, which, as it happens, was mostly caused by his injury. Could be the store felt he was a liability, or could be because he won a lawsuit against the insurance (they tried to stiff him in coverage, he had to hire a lawyer). Either way, he lost his job.

OP, I'd say to keep your head down and document document document. Make sure you have copies from HR regarding employee benefits and keep copies of anything you give your employer regarding taking time off. Keep track of any comments about time off, etc etc. It may not save you if and when your employer decides to drop the axe, but it increases your chances of convincing them not to, should it come to that.